Are the parents the legal guardians of the minor

Article 16: The parents of minors are the guardians of minors. Where a minor's parents are deceased or have no capacity for guardianship, a person with guardianship capacity among the following persons is to serve as guardian: (1) Grandparents; (2) Elder brother or sister; (3) Other close relatives or friends are willing to bear guardianship responsibilities with the consent of the minor's father's or mother's work unit or the residents' committee or villagers' committee for the minor's residence.

Where there is a dispute over serving as a guardian, the minor's parent's work unit or the residents' committee or villagers' committee for the minor's place of residence is to designate it among close relatives. Where a lawsuit is filed against the designation, the people's court is to make a ruling. Where there is no guardian provided for in paragraphs 1 or 2, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence is to serve as the guardian.

Article 16 of the General Principles of the Civil Law stipulates the guardianship system for minors, and I will interpret this law for you with my own understanding. Guardianship in civil law is divided into legal guardianship (red), designated guardianship (blue) and unit guardianship (black). That is, both the parents and the person in red (one) (two) (three) are in the category of legal guardians.

In the analysis of the examination (09th edition) p137, it is stated: "According to this provision, the guardian of a minor includes a legal guardian and a designated guardian. Legal guardians are mainly close relatives of the ward, and have a certain order of guardianship, and the guardian who comes first excludes the guardian who is second.

From the above, we can see that the legal guardian only said that he was a close relative of the minor, and did not exclude the parents as the legal guardians, and the close relatives included the parents, so it was concluded that the parents were the legal guardians of the minor, and this sentence was correct.

Hehe, (1) the "Interpretation of Important Laws" says that "parents are the legal guardians of course". This guardianship is a type of legal guardianship. 2) The "Interpretation of Important Laws" says that "the legal guardians of minors other than their parents".

It means that there are legal guardians in addition to their parents and so on... 3) The "Interpretation of Important Legal Provisions" says that "parents are ex officio legal guardians, so they are not included in the guardianship order of legal guardians". Note that it is written here that it is written "not included in the order of guardianship", not that the parents are not legal guardians.

Therefore, it is inferred that the legal guardian includes the parents and "some people", because the parents are ex officio guardians, so "some people" have a guardianship order, and the parents are not included in it... If you feel that my statement is wrong, you can find the "Interpretation of Important Laws" to take a "careful" look...

Thank you for your kind answer. There was a controversy between this classmate, and I also thought that parents should be legal guardians.

fainted to death... Such a small question turned out to be so embarrassing[em:18].

Parents are the legal guardians of minors in the first order, that is, if the husband and wife are divorced, unless the people's court finds that the guardianship can be revoked, the parents are still the legal guardians of the minors, and the guardianship qualifications will not be revoked because of the divorce.

Legal analysis: the legal guardian of the minor: first of all, the parents should serve as the parent, if the parents are dead or incapacitated, according to the provisions of the civil law, the minor's parents will of course become their legal guardians, but based on the original intention of the establishment of the guardianship system, it is to solve the minor's lack of civil capacity (appoint a substitute executor through the guardianship system).

In order to achieve the purpose of the establishment of the system, I believe that the guardianship act should be carried out jointly by the minor's grandparents and grandparents. Therefore, the guardian should be a grandparent or maternal grandparent, so it is unlikely that the minor's parents are the minor's guardian.

Legal basis: Civil Code of the People's Republic of China

Article 2: The guardian of a person who lacks capacity for civil conduct or a person who has limited capacity for civil conduct is his or her legally-prescribed person.

Article 27: Parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

(2) Elder brother or sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

I. Meaning of Legal Guardian Legal guardian refers to a person who serves as the guardian of a person who has no or limited capacity for civil conduct and performs guardianship duties in accordance with the direct provisions of the law. According to the provisions of the General Principles of Civil Law, legal guardians include the legal guardians of minors and the legal guardians of mentally ill persons. 2. Must the legal guardian of a minor be a parent There are three types of legal guardians of minors:

1. Parents of minors; 2. Grandparents of minors, other close relatives and friends; 3. Legal person organizations such as the minor's parents' unit or the residents' committee, villagers' committee, or civil affairs department for the minor's residence. The order of serving as guardians is determined according to the proximity of blood relations and organizational relations, with the former excluding the latter in the order of exclusion. There are four types of legal guardians for the mentally ill:

The first is the spouse, the parents of the royal mission, and the adult children. The second is other close relatives, such as grandparents, maternal grandparents, brothers and sisters who have guardianship ability. The third is other close relatives and friends.

Fourth, the residents' committees and villagers' committees of the mentally ill person's unit or place of residence, and the local civil affairs department. The determination of the guardian is also carried out in the order listed above. As a legal guardian, the guardianship capacity should be provided.

The guardianship capacity of a guardian is to be determined primarily on the basis of factors such as the guardian's physical health, economic conditions, and contact with the ward. Article 16, paragraph 1, of the General Principles of the Civil Code stipulates that the parents of a minor are the guardians of the minor. Parents have parental authority over their children and are the natural first guardians.

Where a minor's parents are deceased or have no capacity for guardianship, the grandparents or maternal grandparents, siblings, close relatives or friends, parents' units, neighborhood committees or village committees, or civil affairs departments for the minor's domicile are to serve as guardians. The scope and order of legal guardians for adult mentally ill persons are: spouse, parents, adult children, other close relatives, close relatives or friends, neighborhood committees, village committees, and civil affairs departments of the mentally ill person's unit or place of residence.

The order of legal guardians has the effect of having priority over the former as guardian in the latter. However, the legally-prescribed order may be changed in accordance with the guardian's agreement, and where the guardians in the previous order are incapable of guardianship or are obviously unfavorable to the ward, the people's court has the right to select the best guardians from the latter order to dismantle the bridge. Mentally ill persons who do not have the capacity to be violent in civil conduct or have limited capacity for civil conduct are to be the guardians of the following persons:

Whether the legal guardian of a minor must be a parent is determined according to the actual situation. As the future of the motherland, it is very important to ensure the healthy development of minors and their psychological and personal safety. In the process of establishing a legal guardian, it is also necessary to determine how best to benefit the development of minors according to the specific circumstances.

Does the legal guardian of the minor have to be the parents, this is not necessarily, consult a professional lawyer for details.

Legal Analysis: The legal guardian of a minor does not have to be a parent, and if the minor's parents are dead or incapable of guardianship, the legal guardian of the minor is not a parent, but a minor's grandparents, maternal grandparents, or older siblings.

Legal basis: Article 27 of the Civil Code of the People's Republic of China Parents are the guardians of minor children. Where a minor's parents are deceased or have no guardianship capacity, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians of manuscript supervisors, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Legally, parents are guardians of minors. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents or maternal grandparents; (2) Cover the brother or sister; 3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Legal basis

Article 27 of the Civil Code provides that parents are the guardians of minor children. Where minors' parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents and maternal grandparents; (2) Elder brother or sister; (3) Other individuals or organizations willing to serve as guardians, but must obtain the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

1. Parents of minors. Parents are the closest immediate elder relatives of their children, and parents have the obligation to discipline their minor children, so the first paragraph of Article 16 of the General Principles of the Civil Law first stipulates: "The parents of minors are the guardians of minors.

The parents mentioned here include biological parents, adoptive parents, and stepparents who have no dependency relationship, that is, as long as there is a parent-child relationship, they are the legal guardians of minor children. 2. When the minor's father and mother are deceased or have no guardianship capacity, the second paragraph of Article 16 of the General Principles of the Civil Law provides that the following persons with guardianship capacity shall serve as guardians: (1) the minor's grandparents or maternal grandparents; (2) the minor's brother or sister; (3) Other relatives and friends who have the consent of the minor's parents' unit or the residents' committee or villagers' committee of the minor's residence, have a close relationship, and are willing to bear guardianship responsibilities.

The General Principles of the Civil Law refers to the order in which the above-mentioned persons are arranged is the order in which they serve as guardians. That is, the guardian is first served by the grandparents and maternal grandparents who have the ability to guardianship; When a grandparent dies or is incapacitated, the elder brother or sister who has guardianship capacity serves as the guardian; If there is no brother or sister or the brother or sister is deceased or has no guardianship capacity, other close relatives and friends will act as guardians. However, when other relatives and friends serve as guardians, they must be willing to assume guardianship responsibilities and have the consent of the minor's parents' work unit or the residents' committee or villagers' committee of the minor's place of residence.

3. When there is no guardian described above, or when none of the guardians described above have the capacity for guardianship, the minor's parents' unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence are to serve as guardians. In addition, the parents of a minor may also appoint a guardian of one of the above-mentioned persons or someone other than the above-mentioned persons for the minor by way of a will, and such appointment is protected by law as long as the will is legally valid. How should disputes arise when a dispute arises as a guardian of a minor?

When a dispute arises over serving as a minor's guardian, the minor's parents' unit or the residents' committee or villagers' committee for the minor's place of residence are to designate it among close relatives. If you are not satisfied with the designation, you may file a lawsuit, which will be decided by the court. Where the person with guardianship qualifications in the previous order is incapable of guardianship, or it is obviously unfavorable for the ward to have him serve as the guardian holder, the court may, on the basis of the principle of favoring the ward, select the best person from among the persons with guardianship qualifications in the later order.

Where the ward has the ability to identify, the ward's opinion should also be sought.